Guderitz

Defendant appeals from a judgment in favor of plaintiff and from an order denying defendant’s motion for a new trial, after verdict for the plaintiff in an action to recover damages for personal injuries alleged to have been sustained by plaintiff as a result of the negligence of the defendant.

The plaintiff, a boy of ten years, was riding a bicycle easterly on Colorado Street in the city of Pasadena, between 11 and 12 o’clock in the forenoon, and was riding on the right-hand side of the street, within three or four feet of the curb. An automobile truck loaded with furniture overtook him from the rear and, in attempting to pass him, collided with him and threw him to the pavement. The injuries suffered by him were due to the fall on the pavement.

Appellant contends that the evidence is insufficient to establish the identity of the truck as one belonging to defendant. Counsel say: “We submit that the preponderance of the tes timony does not show that the truck in question was the truck of the defendant. ’ ’ Of course, this court has no concern with the question of the preponderance of the testimony. It is not within our province to weigh the evidence and determine where the…